James Nelson v. R & R Trucking

(Affirming Award and Decision of Administrative Law Judge)

The above-entitled workers' compensation case is submitted to the Labor and Industrial Relations Commission (Commission) for review as provided by section 287.480 RSMo. Having reviewed the evidence and considered the whole record, the Commission finds that the award of the administrative law judge is supported by competent and substantial evidence and was made in accordance with the Missouri Workers' Compensation Act. Pursuant to section 286.090 RSMo, the Commission affirms the award and decision of the administrative law judge dated July 16, 2007. The award and decision of Chief Administrative Law Judge L. Timothy Wilson, issued July 16, 2007, is attached and incorporated by this reference.

The Commission further approves and affirms the administrative law judge's allowance of attorney's fee herein as being fair and reasonable.

Any past due compensation shall bear interest as provided by law.

Given at Jefferson City, State of Missouri, this $31^{\text {st }}$ day of January 2008.

LABOR AND INDUSTRIAL RELATIONS COMMISSION

William F. Ringer, Chairman

Alice A. Bartlett, Member

John J. Hickey, Member

Attest:

Secretary

1. Are any benefits awarded herein? YES
2. Was the injury or occupational disease compensable under Chapter 287? YES
3. Was there an accident or incident of occupational disease under the Law? YES
4. Date of accident or onset of occupational disease: JUNE 11, 2003
5. State location where accident occurred or occupational disease was contracted: BLOOMINGFIELD, IN
6. Was above employee in employ of above employer at time of alleged accident or occupational disease? YES
7. Did employer receive proper notice? YES
8. Did accident or occupational disease arise out of and in the course of the employment? YES
9. Was claim for compensation filed within time required by Law? YES
10. Was employer insured by above insurer? YES
11. Describe work employee was doing and how accident occurred or occupational disease contracted: HAULING MILITARY LOAD OF ORDINANCE
12. Did accident or occupational disease cause death? NO
13. Part(s) of body injured by accident or occupational disease: BACK AND LEFT HIP
14. Nature and extent of any permanent disability: PERMANENT TOTAL DISABILITY
15. Compensation paid to-date for temporary disability: $\ 36,011.16
16. Value necessary medical aid paid to date by employer/insurer? $\ 25,682.63
17. Value necessary medical aid not furnished by employer/insurer? -0-
18. Employee's average weekly wages: $\ 451.21
19. Weekly compensation rate: $\ 300.81
20. Method wages computation: STIPULATION

1. Amount of compensation payable:

Unpaid medical expenses: UNKNOWN 4.286 weeks of temporary total disability (or temporary partial disability) $(\ 1,289.28)

N/A weeks of permanent partial disability from Employer N/A weeks of disfigurement from Employer

1. Future requirements awarded: FUTURE MEDICAL AND PERMANENT TOTAL DISABILITY BENEFITS OF \$300.81 FOR LIFETIME OF CLAIMANT

Said payments to begin IMMEDIATELY and to be payable and be subject to modification and review as provided by law.

The compensation awarded to the claimant shall be subject to a lien in the amount of 25 PERCENT of all payments hereunder in favor of the following attorney for necessary legal services rendered to the claimant:

JOSEPH WALSH

Injury No. 03-057614

Before the DIVISION OF WORKERS' COMPENSATION

Department of Labor and Industrial

Relations of Missouri

Jefferson City, Missouri

Checked by: LTW

The above-referenced workers' compensation claim was heard before the undersigned Administrative Law Judge on March 19, 2007. The parties requested the evidentiary record to be left open for submission of additional evidence, resulting in the undersigned sustaining the request and closing the record on April 18, 2007. In addition, the parties were afforded an opportunity to submit briefs or proposed awards.

The employee James Nelson, appeared personally and through his attorney Joe Walsh, Esq. The employer R \& R Trucking, and its insurer Liberty Mutual Insurance Co., appeared through their attorney James Blickhan, Esq. The Treasurer of Missouri, as the Custodian of the Second Injury Fund, appeared through her attorney Christina Hammers, Assistant Attorney General.

The parties entered into a stipulation of facts. The stipulation is as follows: